NY State Senate Bill 2021-S8923

Senate Bill S8923

2021-2022 Legislative Session

Requires mental health services for incarcerated individuals with post-traumatic prison disorder

download bill text pdf

Archive: Last Bill Status - In Senate Committee Crime Victims, Crime And Correction Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Apr 29, 2022	referred to crime victims, crime and correction

2021-S8923 (ACTIVE) - Details

See Assembly Version of this Bill:: A10703
Current Committee:: Senate Crime Victims, Crime And Correction
Law Section:: Correction Law
Laws Affected:: Amd §§71-a & 78, Cor L
Versions Introduced in 2023-2024 Legislative Session:: S3103, A6058

2021-S8923 (ACTIVE) - Summary

Requires mental health services for incarcerated individuals with post-traumatic prison disorder upon reentry and reintegration into society upon release.

2021-S8923 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S8923

SPONSOR: BRISPORT
 
TITLE OF BILL:

An act to amend the correction law, in relation to requiring mental
health services for incarcerated individuals with post-traumatic prison
disorder

 
PURPOSE:

To address the mental health needs of individuals incarcerated in New
York State, with a particular focus upon addressing psychological trauma
created or exacerbated by incarceration.

 
SUMMARY OF PROVISIONS:

Section 1 names this act the "post-traumatic prison disorder Shawanna
W76337 Act."

Section 2 amends 1171-A of the corrections law, which requires the
department of corrections and community supervision to develop an indi-

vidualized "transitional accountability plan" for the rehabilitation of
every person put under custody of the department. A new section two
requires mental health services to be included in the inmate's transi-
tional accountability plan. This shall begin within the first week of
admission to a correctional facility. Lays out the minimum specifica-
tions for the plan, to include screening and assessment, and clinical
intervention for post-traumatic prison disorder. In the event that such
services are not available at a facility, the inmate will be transferred
to a facility that does have such capacity.

Those who receive intervention for post-traumatic prison disorder shall
also receive mental health services, therapeutic programs, family coun-
seling, housing information, job placement information, and money
management assistance.

The department shall also develop a program for all personnel to provide
them with basic competencies for mental health trauma. The department is
submit an annual report to the governor and legislature on the number of
inmates screened for mental health and trauma.

Section 3 amends § 78 of the corrections law relating to discharge plans
for inmates, to include completed medicaid enrollment, required medica-
tions sufficient to cover the period of transition, written coordination
between the department and health care providers including the transfer
of health care records. The release plan for those deemed eligible for
intervention of post-traumatic prison disorder shall be eligible for
further assistance.

Section 4 requires the department of corrections to submit a one time
report on the state of mental health care within the corrections system,
to governor and legislature by the end of 2021.

Section 5 sets the effective date.

 
JUSTIFICATION:


Incarceration can create serious mental health traumas for those
subjected to it. This trauma can serve as an obstacle to successful
re-entry and rehabilitation. By providing necessary mental health
screening and therapy for individuals suffering from post-traumatic
prison disorder, individuals will stand a better chance at rebuilding
productive and self-reliant lives.

 
PRIOR LEGISLATIVE HISTORY:

S4872 (Benjamin) introduced in 2021.

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None.

 
EFFECTIVE DATE:
Ninety days after becoming law.

2021-S8923 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8923
 
                             I N  S E N A T E
 
                              April 29, 2022
                                ___________
 
 Introduced  by Sen. BRISPORT -- read twice and ordered printed, and when
   printed to be committed to the Committee on Crime Victims,  Crime  and
   Correction
 
 AN  ACT  to  amend  the  correction law, in relation to requiring mental
   health services for incarcerated individuals with post-traumatic pris-
   on disorder
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Short  title. This act shall be known and may be cited as
 the "Post-traumatic prison disorder Shawanna W76337 act".
   § 2. Section 71-a of the correction law, as amended by chapter 322  of
 the laws of 2021, is amended to read as follows:
   §  71-a.  Transitional  accountability  plan.  1. Upon admission of an
 incarcerated individual committed to the custody of the department under
 an indeterminate or determinate sentence of imprisonment, the department
 shall develop a transitional accountability plan. Such plan shall  be  a
 comprehensive,  dynamic and individualized case management plan based on
 the programming and treatment needs of the incarcerated individual.  The
 purpose  of  such  plan  shall  be  to promote the rehabilitation of the
 incarcerated individual and their successful and productive reentry  and
 reintegration into society upon release. To that end, such plan shall be
 used  to prioritize programming and treatment services for the incarcer-
 ated individual during incarceration and any period of community  super-
 vision.  The  commissioner may consult with the office of mental health,
 the office of [alcoholism and substance abuse]  ADDICTION  services  AND
 SUPPORTS,  the  board  of  parole,  the  department of health, and other
 appropriate agencies in the development of transitional case  management
 plans.
   2.  (A)  MENTAL HEALTH REENTRY SERVICES SHALL BE INCLUDED IN AN INCAR-
 CERATED  INDIVIDUAL'S  TRANSITIONAL  ACCOUNTABILITY  PLAN.  SUCH  MENTAL
 HEALTH  REENTRY SERVICES SHALL BEGIN THE FIRST WEEK UPON ADMISSION OF AN
 INCARCERATED INDIVIDUAL TO  A  CORRECTIONAL  FACILITY.    MENTAL  HEALTH
 REENTRY  SERVICES  SHALL  INCLUDE, BUT NOT BE LIMITED TO: (I) BEHAVIORAL
 HEALTH SCREENING AND ASSESSMENT; (II) CLINICAL  INTERVENTION  FOR  POST-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD14378-01-2
 S. 8923                             2
 
 TRAUMATIC  PRISON  DISORDER;  (III)  MENTAL HEALTH AND TRAUMA SCREENINGS
 WITHIN SIXTY DAYS OF BEING COMMITTED TO THE CUSTODY OF  THE  DEPARTMENT.
 WHERE  AN  INCARCERATED  INDIVIDUAL  WOULD  BENEFIT FROM TRAUMA ORIENTED
 THERAPY,  THE  MENTAL  HEALTH  REENTRY  SERVICES  SHALL  INCLUDE  TRAUMA
 ORIENTED THERAPY.  IF AN INCARCERATED INDIVIDUAL IS AT A FACILITY  WHICH
 CANNOT PROVIDE PROPER MENTAL HEALTH REENTRY SERVICES TO THE INCARCERATED
 INDIVIDUAL,  THE  INCARCERATED  INDIVIDUAL  SHALL  BE TRANSFERRED WITHIN
 SEVEN DAYS TO A FACILITY WITH THE CAPACITY TO PROVIDE  THE  INCARCERATED
 INDIVIDUAL WITH HIS OR HER PROPER MENTAL HEALTH REENTRY SERVICES.
   (B)  A  REGISTERED  ORGANIZATION OR REPRESENTATIVE WHO PROVIDES MENTAL
 HEALTH REENTRY SERVICES SHALL BE AN OUTSIDE VENDOR WHO EMPLOYS OR  IS  A
 REGISTERED THERAPIST, PSYCHIATRIST, PSYCHOLOGIST, SOCIAL WORKER OR NURSE
 WHO SPECIALIZES IN TRAUMA AND UTILIZES CULTURALLY SENSITIVE TECHNIQUES.
   3.  THE DEPARTMENT SHALL INVEST, DEVELOP AND ADOPT POLICIES AND PROCE-
 DURES TO CREATE TRAINING FOR ALL PRISON PERSONNEL FOR BASIC COMPETENCIES
 IN MENTAL HEALTH TRAUMA AS A RESULT OF POST-TRAUMATIC PRISON DISORDER.
   4. THE DEPARTMENT SHALL SUBMIT A REPORT INCLUDING, BUT NOT LIMITED TO,
 THE NUMBER OF INCARCERATED INDIVIDUALS SCREENED FOR  MENTAL  HEALTH  AND
 TRAUMA  AND  THE NUMBER OF INCARCERATED INDIVIDUALS RECEIVING THERAPY OR
 CLINICAL INTERVENTION WITH INFORMATION ON THE TYPES OF THERAPY OR  CLIN-
 ICAL  INTERVENTION  SUCH  INCARCERATED  INDIVIDUALS ARE RECEIVING TO THE
 GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE, AND THE SPEAKER OF  THE
 ASSEMBLY NO LATER THAN DECEMBER THIRTY-FIRST OF EACH YEAR.
   §  3.  Section  78  of the correction law, as added by section 81-b of
 part WWW of chapter 59 of the laws  of  2017,  is  amended  to  read  as
 follows:
   §  78.  Discharge  plans. (A) The department, in consultation with the
 office of children and family services, shall  provide  discharge  plans
 for  juvenile  offenders  and  adolescent  offenders who are released to
 parole or post-release supervision, which are tailored to address  their
 individual  needs. Such plans shall include services designed to promote
 public safety and the successful and productive reentry of such  adoles-
 cents into society.
   (B)  THE DEPARTMENT SHALL PROVIDE DISCHARGE PLANS FOR ALL INCARCERATED
 INDIVIDUALS WHICH ARE TAILORED TO ADDRESS THE INCARCERATED  INDIVIDUAL'S
 INDIVIDUAL  NEEDS  UPON  REENTRY  AND  REINTEGRATION  INTO  SOCIETY UPON
 RELEASE. SUCH DISCHARGE PLANS SHALL INCLUDE, BUT NOT BE LIMITED TO:
   (I) COMPLETED MEDICAID ENROLLMENT, IF ELIGIBLE;
   (II) MEDICATIONS SUFFICIENT TO ALLOW THE  INCARCERATED  INDIVIDUAL  TO
 TRANSITION TO A POST-RELEASE LOCATION; AND
   (III)  WRITTEN  COORDINATION  BETWEEN  THE  DEPARTMENT AND HEALTH CARE
 PROVIDERS INCLUDING, BUT NOT LIMITED TO, THE TRANSFER OF PATIENT RECORDS
 TO A HEALTH CARE PROVIDER FOR THE SERVICE OF THE RELEASEE.
   (C) AN INCARCERATED INDIVIDUAL WHO RECEIVES CLINICAL INTERVENTION  FOR
 POST-TRAUMATIC PRISON DISORDER UNDER SECTION SEVENTY-ONE-A OF THIS ARTI-
 CLE  SHALL  RECEIVE  THE  FOLLOWING  UPON REENTRY AND REINTEGRATION INTO
 SOCIETY UPON RELEASE:
   (I) MENTAL HEALTH SERVICES;
   (II) THERAPEUTIC  PROGRAMS  INCLUDING  NONTRADITIONAL  THERAPIES  LIKE
 YOGA, MEDITATION, AND PHYSICAL THERAPY;
   (III) FAMILY COUNSELING;
   (IV) HOUSING INFORMATION;
   (V) JOB PLACEMENT INFORMATION; AND
   (VI) MONEY MANAGEMENT ASSISTANCE.
   §  4.  The  department  of corrections and community supervision shall
 submit a report on the state of  mental  health  care  services  in  the
 S. 8923                             3
 
 corrections  system, including local jails, which shall include, but not
 be limited to,  an  assessment  of  the  degree  to  which  the  federal
 substance abuse and mental health services administration's guidance for
 trauma-informed  approach  to  mental health has been implemented to the
 governor, the temporary president of the senate, and the speaker of  the
 assembly no later than December thirty-first, two thousand twenty-two.
   §  5.  This  act shall take effect on the ninetieth day after it shall
 have become a law.    Effective  immediately,  the  addition,  amendment
 and/or repeal of any rule or regulation necessary for the implementation
 of  this  act  on  its  effective  date  are  authorized  to be made and
 completed on or before such effective date.

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